Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state
c/o General Delivery at:
2509 North Campbell Avenue
Tucson, Arizona state
In Propria Persona
All Rights Reserved
Without Prejudice
PIMA COUNTY CONSOLIDATED JUSTICE COURT
Paul Andrew Mitchell, ) Case Number #CV-97-3438
Plaintiff )
) PLAINTIFF'S AFFIDAVIT
v. ) IN RE: $100 UNITED STATES
) POSTAL MONEY ORDER:
Neil and Evelyn Nordbrock, ) Rule 201(d), Arizona
Defendants ) Rules of Evidence
________________________________)
COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona
state and Plaintiff in the above entitled matter (hereinafter
"Plaintiff"), to provide formal Notice to all interested parties,
and to demand mandatory judicial notice by this honorable Court,
pursuant to Rule 201(d) of the Arizona Rules of Evidence, of
this, Plaintiff's AFFIDAVIT IN RE: $100 U.S. POSTAL MONEY ORDER.
Mandatory judicial notice leaves no room for discretion on
the part of this honorable Court, since the legislative intent of
the word "shall" in Rule 201(d) has a compulsory meaning. Confer
at "shall" in Black's Law Dictionary, Sixth Edition.
In Neil Thomas Nordbrock's letter to Plaintiff dated
December 10, 1996, Mr. Nordbrock made the following written
statement:
"MAIL FRAUD" [sic]
"I believe that you are committing mail fraud by personally
pocketing the $100 checks that you are getting through your
efforts via the internet to get patriots to join the
Schweitzer suit." [sic]
Affidavit of Plaintiff in re: U.S. Postal Money Order:
Page 1 of 4
A verified copy of said letter has already been filed in the
official Court record of the instant case. See page 3 of 4 in
item #9 as itemized in Plaintiff's second NOTICE AND DEMAND FOR
MANDATORY JUDICIAL NOTICE.
This, again, is another deliberate lie, put in writing and
transmitted through the United States Mail, by Defendant Neil
Thomas Nordbrock. Plaintiff received only one such $100 "check"
-- a $100 U.S. Postal Money Order ("USPMO"). Said USPMO was
tendered at a law conference sponsored by Plaintiff in October of
1996 at the Holiday Inn Palo Verde, Tucson, Arizona state. The
USPMO in question was forwarded to The Freedom Center, Attention:
Randy Parsons, c/o P.O. Box 80446, Billings, Montana state,
Postal Zone 59108/tdc, on October 16, 1996.
As proof that said USPMO was forwarded to Mr. Randy Parsons
in Billings, Montana state, Plaintiff attaches a copy of
Plaintiff's letter, dated October 16, 1996, to Robert ben John,
of Scottsdale, Arizona state, and incorporates said letter by
reference as if set forth fully here. See attached.
Plaintiff hereby testifies that there was only one (1) such
USPMO tendered to Plaintiff for the purpose of purchasing a
subscription to the FREEMAIL private electronic email broadcasts
from The Freedom Center [sic] in Billings, Montana state.
Plaintiff received no other such USPMO's, and Plaintiff certainly
did not personally pocket the one (1) $100 check which Plaintiff
got through His efforts via the Internet to get patriots [sic] to
join the Schweitzer suit. More to the point, Plaintiff ceased
working on the FREEMAIL program after returning to Tucson.
Affidavit of Plaintiff in re: U.S. Postal Money Order:
Page 2 of 4
Plaintiff hereby proves that Mr. Nordbrock has lied, again.
Plaintiff has attempted to investigate the method(s) for
obtaining a certified copy of the USPMO in question. However,
the USPS fax-on-demand system contains the following statement
concerning PS Form 6401, Domestic Money Order Inquiry, to wit:
Only the purchaser, payee as shown on the original money
order, Postal Service units, or financial institutions may
obtain information about the money order.
Accordingly, Plaintiff would not be able to obtain a certified
copy of the USPMO in question, because Plaintiff is neither the
purchaser nor the payee on the original money order, nor is
Plaintiff a Postal Service unit or financial institution.
If it please this honorable Court, an ORDER from this Court
would be required to obtain a certified copy of the cancelled
USPMO in question. Plaintiff hereby leaves this matter to the
discretion of this honorable Court. Plaintiff submits that the
verified evidence contained herein in this AFFIDAVIT should be
sufficient to disprove Mr. Nordbrock's libelous statement.
VERIFICATION
I, Paul Andrew Mitchell, Sui Juris, hereby verify, under penalty
of perjury, under the laws of the United States of America,
without the "United States", that the above statement of facts is
true and correct, to the best of My current information,
knowledge, and belief, so help Me God, pursuant to 28 U.S.C.
1746(1). See Supremacy Clause.
Dated: March 18, 1997
Respectfully submitted,
/s/ Paul Andrew Mitchell
_____________________________________
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state
All Rights Reserved without Prejudice
Affidavit of Plaintiff in re: U.S. Postal Money Order:
Page 3 of 4
PROOF OF SERVICE
I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty
of perjury, under the laws of the United States of America,
without the "United States," that I am at least 18 years of age,
a Citizen of one of the United States of America, and that I
personally served the following document(s):
PLAINTIFF'S AFFIDAVIT IN RE:
$100 UNITED STATES POSTAL MONEY ORDER:
Rule 201(d), Arizona Rules of Evidence
by placing one true and correct copy of said document(s) in first
class United States Mail, with postage prepaid and properly
addressed to the following:
Neil and Evelyn Nordbrock
c/o 6642 E. Calle de San Alberto
Tucson, Arizona state
Executed on March 18, 1997:
/s/ Paul Andrew Mitchell
_____________________________________
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state
All Rights Reserved without Prejudice
Attachment follows infra.
Affidavit of Plaintiff in re: U.S. Postal Money Order:
Page 4 of 4
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Mitchell v. Nordbrock